 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
                       Part A--Bilingual Education
 
Sec. 7404. Native American and Alaska Native children in school


(a) Eligible entities

    For the purpose of carrying out programs under this part for 
individuals served by elementary, secondary, and postsecondary schools 
operated predominately for Native American or Alaska Native children and 
youth, an Indian tribe, a tribally sanctioned educational authority, a 
Native Hawaiian or Native American Pacific Islander native language 
education organization, or an elementary or secondary school that is 
operated or funded by the Bureau of Indian Affairs shall be considered 
to be a local educational agency as such term is used in this part, 
subject to the following qualifications:

                    (1) ``Indian tribe'' defined

        The term ``Indian tribe'' means any Indian tribe, band, nation, 
    or other organized group or community, including any Alaska Native 
    village or regional or village corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act (43 
    U.S.C. 1601 et seq.), that is recognized for the special programs 
    and services provided by the United States to Indians because of 
    their status as Indians.

      (2) ``Tribally sanctioned educational authority'' defined

        The term ``tribally sanctioned educational authority'' means--
            (A) any department or division of education operating within 
        the administrative structure of the duly constituted governing 
        body of an Indian tribe; and
            (B) any nonprofit institution or organization that is--
                (i) chartered by the governing body of an Indian tribe 
            to operate any such school or otherwise to oversee the 
            delivery of educational services to members of that tribe; 
            and
                (ii) approved by the Secretary for the purpose of this 
            section.

(b) Eligible entity application

    Notwithstanding any other provision of this part, each eligible 
entity described in subsection (a) of this section shall submit any 
application for assistance under this part directly to the Secretary 
along with timely comments on the need for the proposed program.

(Pub. L. 89-10, title VII, Sec. 7104, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3718.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in subsec. 
(a)(1), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 
43, Public Lands. For complete classification of this Act to the Code, 
see Short Title note set out under section 1601 of Title 43 and Tables.
